Patna High Court - Orders
Pappu Ram vs The State Of Bihar on 20 December, 2016
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54345 of 2016
Arising Out of PS.Case No. -107 Year- 2005 Thana -MASRAKH District- SARAN
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Pappu Ram, Son of late Dhodha Ram, Resident of Village- Gopalbari
(Mashrak), P.S. Mashrak, District- Saran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Mukesh Kumar Singh, Advocate
For the Opposite Party : Smt. Renuka Ratnakar (APP)
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA
ORAL ORDER
2 20-12-2016Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Mashrak P.S Case No. 107 of 2005 registered for the offences punishable under Sections 363/366(A)/384/34 of the Indian Penal Code and section 27 of Arms Act.
This is the case of the year 2005, the petitioner remained absconding for last 10 years, his prayer of pre-arrest bail was rejected by District and Sessions Judge vide A.B.P. No. 259 of 2006 and in spite of knowledge of taking cognizance he remained absconder.
Submission is of false implication and that in this case the petitioner was not sent up for trial, but the Chief Judicial Magistrate, took cognizance against him also the petitioner was in the custody of ULFA extremists, resulting, earlier he could not surrender and as soon as he was released, he surrendered in the Patna High Court Cr.Misc. No.54345 of 2016 (2) dt.20-12-2016 2/2 Court below. Other co-accused have already been acquitted vide Sessions Trial No. 53 of 2006. The case has been compromised. The petitioner by remaining in custody since 21.09.2016, now sufficiently penalized and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P. opposes the prayer of bail.
In the facts and circumstances stated above, considering that other co-accused who has faced the trial have already been acquitted. The case has been compromised between the parties and now the petitioner by remaining in custody has been sufficiently penalized and, as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra, in connection with Mashrak P.S. Case No. 107 of 2005, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) Rajiv/-
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